Fixtures – Leave Them Behind!
The topic of removing fixtures in real property has become a part of my daily business. Just a few years ago, no one would imagine removing pantry shelves, closet racks, the shelving from the refrigerator, or the towel bars from a home before closing. Now, the market has changed and people’s mentality has changed. Buyers expect to get the what Target promises, “Buy More, Pay Less.” They’ve been told time and time again, “This is a buyer’s market; we are giving homes away.” Sellers are sick of being beat-up over every little detail when selling their home. Sellers are stressed with the threat of foreclosure. They are angry at banks, they are angry at REALTORS(R), they are angry at buyers. This all leads up to the epidemic of sellers removing items that should convey, pass to the new owner. Removing these items only causes headaches for all parties in the transaction.
The Northern Virginia Regional Sales Contract, this is the most common sales contract in the Fredericksburg area, addresses personal property and fixtures in paragraph 9; in case there is any doubt as to what should be left behind for the new owners.
9. Personal Property and Fixtures The Property includes the following existing personal property and fixtures: built-in heating and central air conditioning equipment, plumbing and lighting fixtures, sump pump, attic and exhaust fans, storm windows, storm doors, screens, installed wall-to-wall carpet, window shades, blinds, window treatment hardware, smoke and heat detectors, TV antennas, exterior trees and shrubs. Unless otherwise agreed to in writing, all surface or wall mounted electronic components/ devices DO NOT convey.
The items marked YES below are currently installed and offered.
Alarm System Built-in Microwave Ceiling Fan
Central Vacuum Clothes Dryer Clothes Washer
Cooktop Dishwasher Disposer
Electronic Air Filter Fireplace Screen/ Door
Freezer Furnace Humidifier Garage Opener w/ remote
Gas Logs Hot Tub, Equip, Cover Intercom
Playground Equip Pool, Equip, Cover Refrigerator w/ icemaker
Satellite Dish Storage Shed Stove or Range
Trash Compactor Wall Oven H2O Treatment System
Window A/C Unit Window Fan Window Treatments
Wood Stove
Flowers, grasses, trees, shrubs, and bushes are all considered real property. This means that they may not be removed from the property unless their is an agreement, in writing, regarding their removal. Yes, there have been battles over lilac bushes. I’m not kidding. Lilac bushes. If you have a plant that you plan on removing from the yard when the home sells, you need to address it in the contract to purchase. As a buyer, if there is a specific plant that you want to stay on the property, go ahead and address it in the contract to purchase.
Short sales and foreclosures are still the predominate transaction in today’s real estate market. Sellers removing fixtures in a short sale situation are really hurting themselves by removing these items. The buyer has a right to receive the items a seller promised them. In a foreclosure situation, the bank has a right to go after the defaulted borrower to reclaim the missing fixtures. As a seller, it is important for you to understand what is expected of you in the purchase contract. If you have agreed to leave certain items behind, leave them behind. If you want to take something with you, tag it and address it in the purchase contract. As a buyer, it is important for you to document the fixtures in the house you are buying. I always recommend taking pictures of fixtures and writing down serial numbers of appliances, if they are conveying. The last thing either party needs is to be squabbling over a $25 bathroom cabinet several days before going to closing.
